Madigan wants to toughen Illinois judiciary rules

Amid a push for constitutional amendments on recall, redistricting, new tax rates and other pressing issues, House Speaker Michael Madigan wants to go a different direction — judicial qualifications.

Brian Feldt

Amid a push for constitutional amendments on recall, redistricting, new tax rates and other pressing issues, House Speaker Michael Madigan wants to go a different direction — judicial qualifications.

Madigan’s House Joint Resolution Constitutional Amendment 57 would add a fourth eligibility requirement in becoming a judge and, for the first time, make them serve some time in the field before heading to the bench.

Specifically, judges would have to be a licensed attorney for at least 10 years before becoming a circuit court judge, 12 years before becoming an appellate court justice and 15 years before joining the state’s Supreme Court.

Right now, the state’s constitution requires judges to be a U.S. citizen, a licensed lawyer and living in the district from which they are elected.

“I think it’s basic sound policy that before people become a judge and have rulings that affect other people, they should be licensed attorneys for 10 years,” Madigan said after a committee hearing on the idea last week.

Why it’s needed
The measure would put the Illinois judiciary among the most vetted in the nation.

Of any state that requires a certain amount of years before becoming a judge, none requires more than 10 years; and in most cases, states require less than 10 years.

The change would limit those fresh out of law school from becoming a judge without having knowledge of the judicial system, said state Rep. John Fritchey, D-Chicago, chairman of a House judiciary committee.

“When you look at the important nature of the cases handled by judges, they can involve anything from principles and constitutional law to life or death matters in a criminal case,” he said. “This would ensure that we have qualified people on the bench because the reality is that all too often, voters simply look at surnames of judicial candidates without qualifications.”

But Andrew Leipold, a professor of law at the University of Illinois, said the requirements would likely not have a huge effect on the quality of judges — mainly because extremely young judges are hard to come by.

And considering the broad range of law one can practice after becoming a lawyer, he said a simple number of years before the bench doesn’t necessarily translate into a solid candidate for a judge.

“There are people who have practiced for just a few years but have done very intense and sophisticated work that would give them lots of experience relevant to judges,” Leipold said. “And then there are those who have been practicing for 20 years but with a narrow kind of work that could make them an expert on a certain subject, but doesn’t mean they have the experience needed to become a judge.”

Getting on the ballot
It’s not the change that has some lawmakers concerned — it’s the amendment’s ballot effect.

The constitution provides that only three constitutional articles can be put on the ballot for voter approval at one time. One of those spots is covered by a proposed amendment allowing recall for future governors, which was approved last year.

House Minority Leader Tom Cross, R-Oswego, argues this amendment could be used to block other, more substantive ideas from reaching the ballot — such as changing how lawmakers draw their own districts.

“We believe it is a tactic by the speaker,” Cross said.

Cross also sent Madigan a letter urging no movement on the judicial amendment.

“The three-article restriction on General Assembly-initiated amendments requires a judicious and prioritized approach on which amendments deserve consideration by the General Assembly,” the letter stated. “Focus is needed on what proposed amendments are most timely and therefore appropriate for the November 2010 ballot.”

Madigan said buying into Republican speculation that he has ulterior motives “is a bit premature.” Madigan proposed a near-identical amendment in 2000, but that measure failed because of a lack of Republican support.

Madigan wouldn’t say if this measure had enough support but recognized there’s only so much ballot room.

“(Republicans) have strong interest in the redistricting amendment,” he said. “We have one on the ballot already for recall plus these two, plus that. One of them would be precluded.”

No opposition from judges
Regardless of motives, those in the judicial community are backing Madigan’s proposal.

David Anderson, executive director of the Illinois State Bar Association, said the associations’ board of directors voted unanimously to support the requirements.

“There have been instances where someone newly out of law school who was clearly eligible to run has been elected,” he said. “And we feel that experience in practice is an important precursor to service on the bench.”

Ron Spears, president of the Illinois Judges Association, said the change would be in the best interest of upholding the integrity of the judges.

But Spears also warned of possible anomalies — and that includes examples on the state’s highest court.

Thomas Fitzgerald, the chief justice of the state’s supreme court, practiced law for only eight years before becoming a circuit judge. Justice Robert Thomas, meanwhile, served only seven years before reaching the bench.

If Madigan’s proposal had been in effect then, both would have seen delays in their careers as judges.

“I think it is important to have highly qualified judges — experience is critical,” Spears said. “But people don’t like artificial barriers to things. For every general rule, there is that exception, that brilliant person who has qualifications in the election coming up.”

Spears also pointed to the difference of a licensed attorney and a practicing attorney. The language of the proposal doesn’t require attorneys to be practicing, so they could get a license and have another career before becoming judges.

Madigan admitted he would prefer future judges to be practicing attorneys but said having a license is simply the method by which lawyers are credentialed.